Ramba
01-11 07:23 PM
Clearly Explaining
I am working on Company A in H1B status my GC sponsored Company B for Future Employment and they applied 140 its Approved suddenly dates became current I applied AOS with 140 Approved in July afte that we got our EADS APs FPs all etc. my sponsored employer asked to join then I joined in Company B on EAD status
what ever the payment terms which I discussed within a month he changed his words according to law he only pay salary but I am working on percentage basis I liitle bit fed up with those issues
I stayed with them only one month and one more month
when can I Use AC21 for safe side
You must have have good faith intent of working for longterm with sponser. Also, sponser should have full faith intent of hiring you permanently. Now the question is how to measure that? The simple measurement is the time period you worked with sponser either in H1B or EAD or GC. If you worked only one month, your intension is false. If your sponser reports to USCIS, you worked only one month and left the job, and you had no intension to work permanently, USCIS can deny your 485.
As per law, the employer should pay only the wage mentioned in your LC/140. Thats what the employer agrred to pay you as a salary.
I am working on Company A in H1B status my GC sponsored Company B for Future Employment and they applied 140 its Approved suddenly dates became current I applied AOS with 140 Approved in July afte that we got our EADS APs FPs all etc. my sponsored employer asked to join then I joined in Company B on EAD status
what ever the payment terms which I discussed within a month he changed his words according to law he only pay salary but I am working on percentage basis I liitle bit fed up with those issues
I stayed with them only one month and one more month
when can I Use AC21 for safe side
You must have have good faith intent of working for longterm with sponser. Also, sponser should have full faith intent of hiring you permanently. Now the question is how to measure that? The simple measurement is the time period you worked with sponser either in H1B or EAD or GC. If you worked only one month, your intension is false. If your sponser reports to USCIS, you worked only one month and left the job, and you had no intension to work permanently, USCIS can deny your 485.
As per law, the employer should pay only the wage mentioned in your LC/140. Thats what the employer agrred to pay you as a salary.
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texasguy
06-15 08:58 AM
Hi All,
Will we run into any problems for GC replacement since we do not have a photocopy of our GCs? We have photocopies of the approval notices. We know our alien number and SRC numbers since they are the same as listed when we apply for 485. We are hoping to get our passport stamped after we get our passports.
We are hoping to show our tax records as additional proof.
Thanks for all your help.
Will we run into any problems for GC replacement since we do not have a photocopy of our GCs? We have photocopies of the approval notices. We know our alien number and SRC numbers since they are the same as listed when we apply for 485. We are hoping to get our passport stamped after we get our passports.
We are hoping to show our tax records as additional proof.
Thanks for all your help.
paskal
08-23 11:51 PM
I believe that several people have won WOM cases....
I also hear that Sheila Murthy is planning to file a WOM with a large group of clients to offset cost.
Might be worth getting a second opinion with an attorney that's filed and won WOM cases....
welcome to IV!
I also hear that Sheila Murthy is planning to file a WOM with a large group of clients to offset cost.
Might be worth getting a second opinion with an attorney that's filed and won WOM cases....
welcome to IV!
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maco
09-24 03:50 PM
I have bad credit will that effect my Green card?
though i am paying them off it still shows on my credit report
though i am paying them off it still shows on my credit report
more...
gcdreamer05
11-05 12:56 PM
From 1998 - till date, How many times EB3 priority dates were made current
Hey found this archive of visa bulletins, if you go through one by one, then that should answer your question.
http://travel.state.gov/visa/frvi/bulletin/bulletin_1770.html
(From April 2002 to Nov 2008)
And then for still older ones,
(1995 to 2001)
http://dosfan.lib.uic.edu/ERC/visa_bulletin/
Are you trying to look for a pattern to find out when it will be current again ?
Hey found this archive of visa bulletins, if you go through one by one, then that should answer your question.
http://travel.state.gov/visa/frvi/bulletin/bulletin_1770.html
(From April 2002 to Nov 2008)
And then for still older ones,
(1995 to 2001)
http://dosfan.lib.uic.edu/ERC/visa_bulletin/
Are you trying to look for a pattern to find out when it will be current again ?
Dhundhun
07-14 12:46 AM
It is the law that you file AR-11 within (I think) 10 days after moving to a new address. If you do not do say, technically they can deport you. So send the AR-11 form with proof of sending. You can also submit AR-11 form online.
You should also change the address on the USCIS site. This operation is different from AR-11 submission.
You brought very good point. More details seems to be here: http://www.jackson-hertogs.com/JH/faq/8054.pdf
You should also change the address on the USCIS site. This operation is different from AR-11 submission.
You brought very good point. More details seems to be here: http://www.jackson-hertogs.com/JH/faq/8054.pdf
more...
yabadaba
07-09 04:26 PM
yea.. i did not read ur first post correctly..sorry
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gcisadawg
09-09 02:57 AM
I just renewed my H1B visa for another 3 years, and I also have an approved advance parole document. If I leave the US before my H1B visa is stamped in my passport and re-enter the country using my AP, do I lose my H1B status? (that's what my attorney says)
How about my the H4 of my wife? She is already using EAD, so if we re-enter the country should she use the AP document or the H4 visa?
This is way too confusing...
If you enter thru AP, you would become a parolee. You can use H1B to continue to work for the GC sponsoring employer. After your return, If you file an extension or your H1B is amended or transferred and if that petition is approved, you would re-gain your non-immigrant H1B status.
How about my the H4 of my wife? She is already using EAD, so if we re-enter the country should she use the AP document or the H4 visa?
This is way too confusing...
If you enter thru AP, you would become a parolee. You can use H1B to continue to work for the GC sponsoring employer. After your return, If you file an extension or your H1B is amended or transferred and if that petition is approved, you would re-gain your non-immigrant H1B status.
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Templarian
08-19 10:05 PM
^Nice work man. I think the hardest part about this little bugger is its nose/mouth. Lets see if anyone else can think of a nice way.
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gc_chahiye
08-26 11:19 PM
I assume your pd is Aug 04 with EB2. How come applied for 485 on january. Dates were not current for aug 04 PD.
Please let me know.
not everyone is from India.
Please let me know.
not everyone is from India.
more...
gc28262
07-29 12:25 PM
Good One !
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ashkam
03-24 01:56 PM
What people usually do is get someone in their home country to be the Google Adsense beneficiary
How do i register with google adsense to make someone from my home country as beneficiary.In that case wht do i need to give the persons taxid(like pan number from india).How can i do it?
Just change your registration info and set it to someone outside the US. I am not sure if they will ask you for any number if you are outside the US.
How do i register with google adsense to make someone from my home country as beneficiary.In that case wht do i need to give the persons taxid(like pan number from india).How can i do it?
Just change your registration info and set it to someone outside the US. I am not sure if they will ask you for any number if you are outside the US.
more...
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GooblyWoobly
10-17 03:47 PM
interesting. but it still does not answer one question: What happens if you continue working on H1B for primary employer per guidelines of I-129 petition (ie. 40 hours a week) and then use EAD to work part-time for someone else.
Does that 'kill' the H1 petition? MOst lawyers say it does, a couple of them say it does not, since you are fullfilling all your I-129 requirements with your primary employer
This is a gray area, but, my take is, it will void your H1B. See, the logic is this.... EAD is not a status. It's just an employment authorization, just like AP is a travel parole document. You have option of two status:
1. Non-immigrant status (H1B/H4 etc).
2. Pending AOS status.
You can't be in US on both the statuses. So, without being in status 2, you can't invoke EAD, but when you invoke EAD, you are in status 2, so, lose your H1B.
I might be wrong though.
Does that 'kill' the H1 petition? MOst lawyers say it does, a couple of them say it does not, since you are fullfilling all your I-129 requirements with your primary employer
This is a gray area, but, my take is, it will void your H1B. See, the logic is this.... EAD is not a status. It's just an employment authorization, just like AP is a travel parole document. You have option of two status:
1. Non-immigrant status (H1B/H4 etc).
2. Pending AOS status.
You can't be in US on both the statuses. So, without being in status 2, you can't invoke EAD, but when you invoke EAD, you are in status 2, so, lose your H1B.
I might be wrong though.
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catchagarwal
05-04 03:13 PM
I was working on a company A(on H1B visa) and left 7 month back. While working on Company A, I was in a project in Company C through another Company B. I actually joined company B to avoid this chain. Company A released me after agreeing for his cut for 4 month, and then $2 per hour until the project ends. This was agreed by an e-mail between me and Company A. I stopped paying the company after 4 month of his cut.
Now the company A has sent me a mail that they want a confirmation mail from Company B that my project ended. If no confirmation email, then they will send me a legal notice.
Not sure what the employment laws are. Could you please advice?
Now the company A has sent me a mail that they want a confirmation mail from Company B that my project ended. If no confirmation email, then they will send me a legal notice.
Not sure what the employment laws are. Could you please advice?
more...
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lostinbeta
11-17 11:47 PM
HAHAHAHA......lol. That is friggin weird :P
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bombay_masala
06-18 01:09 PM
What is the Alien Registration number from I140 approval ? How do we get it if we don't have the copy of I-140 approval?
Any more thoughts on this issue. I am making a list of documents in three categories: (i) docs/info needed absolutely (ii) docs that are not must but might help (iii) docs that are not needed at all. Please edit this list based on your research (if you can add links/cite docs to support that would be great).
With long delays many people will be using AC21 and we might see these question repeatedly - a sticky thread can really help.
(i) Documents or information that is essential (if you don't have these documents or info don't even think about changing jobs and just stay put at old employer)
485 receipt number
Alien Registration number from I140 approval (if its already done)
Employment letter from the new employer with title/function same/similar to labor application
Job functions from approved labor/I140 to get the above
??
??
(ii) Documents or information that is not necessary but is good to have (try to get these documents; if you are not able to get them there might be still a way to use AC21 using a lawyer or something)
A copy of I140 approval
A copy of labor certification
??
??
(iii) Documents you don't need at all (don't loose sleep if you don't have them; even if you dont have them you can use AC21 without help of a lawyer)
??
??
Any more thoughts on this issue. I am making a list of documents in three categories: (i) docs/info needed absolutely (ii) docs that are not must but might help (iii) docs that are not needed at all. Please edit this list based on your research (if you can add links/cite docs to support that would be great).
With long delays many people will be using AC21 and we might see these question repeatedly - a sticky thread can really help.
(i) Documents or information that is essential (if you don't have these documents or info don't even think about changing jobs and just stay put at old employer)
485 receipt number
Alien Registration number from I140 approval (if its already done)
Employment letter from the new employer with title/function same/similar to labor application
Job functions from approved labor/I140 to get the above
??
??
(ii) Documents or information that is not necessary but is good to have (try to get these documents; if you are not able to get them there might be still a way to use AC21 using a lawyer or something)
A copy of I140 approval
A copy of labor certification
??
??
(iii) Documents you don't need at all (don't loose sleep if you don't have them; even if you dont have them you can use AC21 without help of a lawyer)
??
??
more...
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willwin
05-14 12:43 PM
Now you dont have even option to get EAD so I would say stick with CP.
Thanks for your reply. I fully understand how CP and 485 route works and differs. All that I am asking is now that we know EB3 I is going to take 3-4 years to move past a year worth of filing, can we do something to CP filers?
Or, are CP filers (who are already working in the US) such a minority that they can be ignored?
Thanks for your reply. I fully understand how CP and 485 route works and differs. All that I am asking is now that we know EB3 I is going to take 3-4 years to move past a year worth of filing, can we do something to CP filers?
Or, are CP filers (who are already working in the US) such a minority that they can be ignored?
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inskrish
09-05 11:18 AM
Hi,
USCIS online status is not reliable. So, getting an Infopass appointment would help you get the actual case status. Best of luck!
USCIS online status is not reliable. So, getting an Infopass appointment would help you get the actual case status. Best of luck!
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swarnapuri
01-22 06:16 PM
Thank you all!
roseball
04-04 02:49 PM
Hi thank you again, yes i understand that visa stamp is only needed for overseas travelling purpose. You raise a good point though when you said you assume i got h1 approved with i-94 attahced. This brings me to a scenario that just happened a few months back. I applied for extension h1b and h4 and we received notification that it has been approved and the approval sent to the attorney. But the attorney has disappeared. My wifes h4 approval was returned back to uscis and mine is not known where it is. we called uscis and they said we have to apply a duplicate i-824 individually to get the approval sent back to us again. i have therefore submitted i-824 application for my wife already. and i am submitting mine this week. all we have right now is h4 receipt for my wife and a copy of the approval for h1b for me (without i-94) that usually goes to the peititoner. What do you think about this?
Oh well, since the employer H1 approval copy does not have an attached I-94, we cannot conclude anything. File a I-824 for your H1 first, I believe your employer needs to file the I-824 for H1.....For H-4, you can do it yourself since its a personal petition....Then have your employer or employer's attorney contact USCIS and enquire whether your Extension of Status was approved as well (meaning H1 approval had an attached I-94). If thats not possible, you will have to wait till your I-824s are processed and you get new copies of the approvals to check if they have attached I-94s.
Oh well, since the employer H1 approval copy does not have an attached I-94, we cannot conclude anything. File a I-824 for your H1 first, I believe your employer needs to file the I-824 for H1.....For H-4, you can do it yourself since its a personal petition....Then have your employer or employer's attorney contact USCIS and enquire whether your Extension of Status was approved as well (meaning H1 approval had an attached I-94). If thats not possible, you will have to wait till your I-824s are processed and you get new copies of the approvals to check if they have attached I-94s.
munnu77
07-17 04:14 PM
My friend applied for PERM on April 1st and got approved yesterday.
Just wanted to let the people know who have their perm pending, so they can calculate processing dates.
thank you
Just wanted to let the people know who have their perm pending, so they can calculate processing dates.
thank you
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